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Home My WebLink About8.2 PG&E Elect Pipeline Pathwaysor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL August 19, 2014 Honorable Mayor and City Councilmembers CITY CLERK File # 600 -30 Christopher L. Foss, City Manager " Pacific Gas and Electric Pipeline Pathways Project Framework Agreement Prepared by Gary Huisingh, Public Works Director and John Bakker, City Attorney EXECUTIVE SUMMARY: Pacific Gas & Electric Company is pursuing a project that it calls Pipeline Pathways. The project involves clearing improvements and vegetation above and adjacent to its natural gas transmission pipelines for pipeline integrity and access. The number of trees that PG &E initially proposed for removal in Dublin and other communities in the greater Bay Area proved to be very controversial. Facing a public outcry, PG &E "paused" the project and began engaging with cities and counties to find a framework for moving the project forward. A subcommittee appointed by the Contra Costa County Public Managers Association, in conjunction with some of the Alameda County City Managers, took the lead in working with PG &E on the framework, and the subcommittee (including members from the Tri- Valley area) and PG &E have reached an agreement that is being presented to the City Council for approval. FINANCIAL IMPACT: The Framework agreement, reflecting as it does primarily commitments on behalf of PG &E, including a commitment to fund the City's costs of evaluating the project, will have no financial impact on the City of Dublin. RECOMMENDATION: Staff recommends that the City Council approve the Framework agreement and authorize the City Manager to execute it. `Reviewed By Assistant City Manager Page 1 of 3 ITEM NO. 8.2 DESCRIPTION: This spring, PG &E began pursuing its Pipeline Pathways project. The project would involve the removal of vegetation and improvements above and adjacent to PG &E's gas transmission pipelines. According to PG &E, the purpose of the project is "to enhance safety by reducing risks to the integrity of the pipeline and improving access for PG &E to do safety work." As initially proposed (Attachment 1), the project would have resulted in the removal of 258 trees in the City of Dublin. The City and the community viewed PG &E's project very unfavorably, as did other communities in the greater Bay Area. This led to the formation of a coalition of cities to retain a law firm to oppose the project. Eventually, the Contra Costa County Public Managers Association (PMA) convened a meeting involving the mayors, managers and administrators, and attorneys from Contra Costa County and Alameda County that led to various joint efforts in opposition to the project. In reaction to the concerns expressed by the cities and the public, PG &E decided to "pause" its efforts on the project. PG &E subsequently began meeting with the PMA to attempt to reach agreement on a framework for moving forward with the project. A committee of City Managers negotiated the attached "PG &E /Agency Framework" agreement (Attachment 2). The Agreement outlines PG &E's commitments with regard to how it will pursue the project going forward. Among other things, it states both parties' commitments to maintaining gas pipeline integrity and safety and to the importance of trees and landscaping to community character. PG &E also commits in the proposed agreement to, among other things- 1 . reevaluating all trees initially proposed for removal, upon request by an agency, and only proposing the removal of trees for which data supports safety concerns, all with a goal towards reducing the number of trees proposed for removal; 2. complying with ministerial encroachment permit procedures and requirements; 3. identifying trees protected by local tree protection ordinances; 4. mitigating for protected tree removals as mutually agreed by the agency and PG &E; 5. paying for the costs associated with agency evaluation of work, including third party arborists and other consultant and staff time as agreed by the agency and PG &E; 6. evaluating various specified mitigation measures that could potentially avoid the need for tree removals; 7. providing detailed data, as specified, to allow the agencies to evaluate and understand the project; and 8. conducting field reviews with the agency. The agreement — purposefully —does not resolve the dispute between the City and PG &E over whether PG &E is subject to local tree removal ordinances. Instead, the agreement is designed to develop a framework for limiting the number of trees required for removal and to develop information for the City to carefully consider PG &E's tree removal requests. City staff and PG &E acknowledge that there may eventually be disputes over PG &E's right to remove individual trees. If such a dispute were to arise, the City or PG &E could seek legal or regulatory remedies at that time. Staff recommends that the City Council approve the Framework agreement. Staff believes that the commitments made by PG &E in the agreement are appropriate, and we believe that the additional information to be developed by PG &E as it pursues the project will allow the City to Page 2 of 3 make tree removal decisions with better information than is currently available. Finally, the agreement does not prevent the City from enforcing its legal rights at some point in the future. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. PG &E Pipeline Pathways Slides for Dublin 2. Proposed Framework Agreement Page 3 of 3 City of Dublin 18 City Projects 204 Units of Brush 258 Trees 6 7 Trims RW_V_8085_14 Project Location: East ' Area Description: Tre sidewalk Scope of work: Tree a Chip and remove all d Equipment needed: d grinder Removals: 31 units of brush, 22 Trees RW_V_8088_14 Project Location: Hacienda Dr @ 1 -580 West Off -Ramp Area Description: Median & Sidewalk Planter Strip Scope of work: Tree and shrub removal and stump grind. CI and remove all debris Equipment needed: climb crew, chipper and stump grinder Project Location: Eastside of Arnold Rd, North of Central Expressway Area Description: City planter strip and commercial landscape rear of sidewalk Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: lift truck, chipper and stump grinder Removals: 15 units of brush, 41 Trees Trims: 11 Trees k -0'111 Project Location: North end of Arnold Rd Area Description: Landscape trees and shrubs along west side of road Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 15 units of brush, 29 Trees Trims: 5 Trees 01 RW_V_8092_14 Project Location: End of Demarcus Blvd & Iron Horse Pkwy @ BART Station Area Description: Landscape Median Scope of work: Tree and shrub removal and stump grind. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 1 unit of brush, 1 Tree r rr,e' r N* Trees I F Brush l RW V 8094 14 Project Location: 6015 & 6085 Scarlett Ct Area Description: Trees and landscape shrubs rear of sidewalk Scope of work: Tree and shrub removal and stump grind. Chip and remove all debris Equipment needed: Lift truck, chipper and stump grinder Removals: 1 unit of brush, 3 Trees Project Location: 6265 Scarlett Ct Area Description: Tree and landscape shrubs rear of sidewalk Scope of work: Tree and shrub removal and stump grind. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 1 unit of brush, 1 Tree Mft-� . N::e� ;.d _. _. ra�i� -tits .L.�: U+IAUL u4UL U+iAUL 1 A r Project Location: 6301 Scarlett Ct Area Description: Tree and landscape shrubs rear of sidewalk Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 1 unit of brush, 1 Tree Trims: 1 Tree -N�WIIPI, Project Location: 6331 & 6300 Scarlett Ct Area Description: Tree and landscape shrubs rea of sidewalk Scope of work: Tree and shrub removal and stum grind. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 3 units of brush, 6 Trees Project Location: Dublin Ct Area Description: Tree and landscape shrubs rear of sidewalk Scope of work: Tree and shrub removal and stump grind. Chip and remove all debris Equipment needed: lift truck, chipper and stump grinder Removals: 3 units of brush, 6 Trees -fl�W*IMWUI Project Location: Dublin Blvd between San Ramon Rd and Dublin Ct Area Description: Landscape medians, sidewalk planter strips and rear of sidewalk Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: lift truck, chipper and stump grinder Removals: 12 units of brush, 24 Trees Trims: 2 Trees 0 Trees �; Brush Trims RW_V_8100_14 Project Location: San Ramon Rd from Dublin Blvd to Amador Valley Blvd Area Description: East side of San Ramon Rd in sidewalk planter strips and rear of sidewalk Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: lift truck, chipper and stump grinder Removals: 1 unit of brush, 15 Trees Trims: 7 Trees pl J Trees C Brush IV Trims M1 r' . 7 At J RW_V_8101_14 Project Location: San Ramon Rd north of Amador Valley Blvd Area Description: Landscape median, sidewalk planter strips and rear of sidewalk Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: lift truck, chipper and stump grinder RW_V_8102_14 Project Location: San Ramon Rd north of Amador Valley Blvd Area Description: East side of San Ramon Rd near canal Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 2 units of brush, 15 Trees Trims: 10 Trees RW V 8103 14 Project Location: San Ramon Rd I Shannon Ave Area Description: East side of Sa Scope of work: Tree and shrub re trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 22 units of brush, 5 Trees Trims: 25 Trees RW_V_8104_14 Project Location: San Ramon Rd b. Vomac Rd Area Description: East side of San path Scope of work: Tree and shrub rer tree trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 25 units of brush, 31 Trees Trims: 1 Tree RW V 8105 14 Project Location: San Ramon Rd from Vomac Rd north to city limit Area Description: East side of San Ramon Rd near walking path and in landscape median Scope of work: Tree and shrub removal, stump grind and tree trim. Chip and remove all debris Equipment needed: climb crew, chipper and stump grinder Removals: 41 units of brush, 37 Trees Trims: 5 Trees RW V 8107 14 Project Location: Donlon Way Area Description: East side of Donlon Way in planter strip and rear of sidewalk Scope of work: Tree and shrub removal and stump grind. Chip and remove all debris Equipment needed: lift crew, chipper and stump grinder Removals: 7 Trees C {. � F t 1 � ` r �� PG &E /Agency Framework Attachment 3 June 30, 2014 On May 1, 2014 representatives from PG &E met with City /County Managers and Administrators representing public agencies in Co implementation of their Pipeline Pathways Project (PPP). II. PG &E and public agencies in attendance discussed the importance of moving forward on the PPP through a collaborative process that addresses community needs and expectations including: 1) the need to maintain and promote gas pipeline integrity and safety; and 2) the importance of trees and landscaping to overall community character and aesthetics, visual buffering, etc. III. PG &E and public agencies share a genuine commitment to ensure the safety of communities, IV. Agencies support an overall pipeline integrity safety plan that includes the need to clearly mark or delineate the location of existing pipelines, ongoing monitoring and inspection of pipelines, selective vegetation management within PG &E pipeline easements, addressing the existence of incompatible structures within PG &E pipeline easements, and the need to work with agencies to ensure that future local planning and development activities and entitlements are consistent with the goal of maintaining pipeline safety. V. PG &E has committed to not remove any trees on public or private property, without first having an agreement in place with individual communities about a path forward. vegetation over several decades. Agencies are interested in ensuring a deliberate and transparent review process, which considers all mitigation options available moving forward. VII. Prior to moving forward with vegetation management activities under the PPP, PG &E agrees to work with the local agencies, including doing the following: desires to remove with a goal of reducing the number of trees proposed for removal. 2. For those agencies that PG &E has yet to submit tree removal information, propose removal of number of trees proposed for removal. Comply with local ministerial encroachment permit procedures and requirements related to removing or trimming any trees within the public right -of -way, including any publicly owned trees. 4. Working with local agencies, identify any trees proposed for removal that would be protected by local agency tree preservation ordinances. Once the parties agree on the removal of the protected tree identified under section VITA, mitigate that tree in a manner mutually agreed upon by the parties. 6. Comply with applicable environmental standards related to raptor nesting season, unique or endangered habitats, etc. 7. Pay necessary and reasonable costs and fees associated with agency evaluation of work proposed to be performed as part of the PPP. This includes reimbursement costs required for city /town /county retention of third party arborists, and /or other consultant or staff time as agreed by PG &E and the local agency. 8. Evaluate potential mitigation measures, including but not limited to: a. Specific risk assessment on a tree by tree basis; b. Regular, ongoing monitoring and inspection of pipelines, including possible use of subsurface radar to determine whether, and the extent to which tree roots have grown into contact with pipelines; C. Root barriers to protect pipeline coating; d. Tree removal and /or trimming. In the event that it is necessary to undertake tree removal and /or trimming, mitigation measures will be identified, evaluated and implemented by PG &E, as appropriate; e. Potential pipeline retrofitting to accommodate in -line inspections or other inspection technology. VIII. In order to facilitate agency evaluation and understanding of the proposed PPP work, PG &E will submit the following information: 1. Mapping and /or data showing: a. trunk diameter, species and location of landscaping proposed to be affected by PPP; b. all trees that would be covered by local tree preservation ordinances; C. location of the pipeline within any public right of way or PG &E easement; d. location of the pipeline in proximity to private property lines and structures; e. depth of the pipeline in areas where trees are proposed to be removed or trimmed; f. location of certain non - compatible structures to be removed or relocated, excluding any private customer information. 2. Reports or surveys prepared by or for PG &E addressing the condition and health of trees proposed to be removed or trimmed. 3. Information about the safety risk associated with the trees proposed to be removed or trimmed. 4. Other information and /or data as may be requested by the agency. 5. Nothing in this Agreement shall require PG &E to disclose any confidential or otherwise protected information, including private customer - specific data. IX. PG &E and agency will undertake joint field review to verify the location of: affected pipelines, structures proximate to the pipelines; trees and shrubs potentially affected as well as the health and condition of same. Following the receipt of additional information and completing afield review, the agency will provide written feedback within a timeframe to be determined between PG &E and each local agency. X. Prior to performing public outreach, PG &E will work with agency to identify appropriate community outreach activities to be undertaken to ensure that community members are informed of the project, and have the opportunity to provide feedback, receive answers to questions, etc. PG &E will provide notice to the agency at least twenty -four hours prior to the start of its work removing such tree or structure. As part of that notice, PG &E will provide the agency with its documentation of the imminent threat. If immediate tree or structure removal is required, PG &E shall provide such notice and documentation immediately after the removal is completed. XII. Nothing in this framework is intended to change the existing rights and duties of any of the parties, including with respect to the applicability of local ordinances or the jurisdiction of the California Public Utilities Commission. DATE: June 30, 2014 By: M. Kirk Johnson Vice President, Gas Operations Major Projects and Programs Pacific Gas & Electric Company DATE: 12014 By: DATE: 12014 By: DATE: 12014 By: